US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 11.

CITIES AND TOWNS

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§111101.  Short title.

This act may be cited as the "Oklahoma Municipal Code."

Laws 1977, c. 256, § 1101, eff. July 1, 1978.  

§111102.  Definitions.

As used in the Oklahoma Municipal Code:

1.  "Charter municipality" or "Municipality governed by charter" means any municipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a population of two thousand (2,000) or more.  Once a municipal charter has been adopted and approved, it becomes the organic law of the municipality in all matters pertaining to the local government of the municipality and prevails over state law on matters relating to purely municipal concerns;

2.  "City" means a municipality which has incorporated as a city in accordance with the laws of this state;

3.  "Governing body" or "Municipal governing body" means the city council of a city, the board of trustees of a town, or the legislative body of a municipality, as it may be defined by applicable law or charter provision;

4.  "Mayor" means the official head of the municipal government as defined by applicable law or charter provision.  The mayor is the presiding officer of the governing body in all statutory forms of municipal government, and is the chief executive officer in cities having the statutory aldermanic and statutory strongmayorcouncil forms of city government;

5.  "Municipality" means any incorporated city or town;

6.  "Officer or official" means any person who is elected to an office in municipal government or is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or appointed.  When "officer" or "official" is modified by a term which refers to a personnel position or duty, the holder of the position or duty is not an officer or official of the municipality for any purpose;

7.  "Ordinance" means a formal legislative act of a municipal governing body which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the municipality;

8.  "Publish" or "Publication" means printing in a newspaper which:

a. maintains an office in the municipality and is of general circulation in the municipality.  If there is no such newspaper, then in any newspaper which is of general circulation in the municipality; and

b. meets the requirements of a legal newspaper as provided in Section 106 of Title 25 of the Oklahoma Statutes.

If there is no newspaper meeting the requirements as provided for in this paragraph, the term publish or publication shall mean posting a copy of the item to be published in ten or more public places in the municipality.  When a notice is required to be published for a prescribed period of time, publishing the notice one (1) day each week during the prescribed period of publication is sufficient in accordance with Section 103 of Title 25 of the Oklahoma Statutes;

9.  "Quorum" means a majority of all the members of the governing body, board, or commission, including vacant positions;

10.  "Registered voter" means any person who is a qualified elector, as defined by the provisions of Section 1 of Article III of the Oklahoma Constitution, who resides within the limits of a municipality and who has registered to vote in the precinct of his residence;

11.  "Resident" means a person whose actual dwelling or primary residence is located within the corporate limits of the municipality;

12.  "Resolution" means a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act.  A resolution is not a law and does not prescribe a permanent rule of conduct or government; and

13.  "Town" means a municipality which has incorporated as a town in accordance with the laws of Oklahoma.

Amended by Laws 1984, c. 126, § 1, eff. Nov. 1, 1984.  

§111103.  Saving vested rights.

The provisions of this act shall not in any manner affect the rights, liability or right of action, civil or criminal, for or against any municipality in any action commenced before the effective date of this act.  The adoption of this act shall not be construed to repeal or in any way affect or modify:

1.  Any substantive or fixed right;

2.  Any law authorizing the issuance of any outstanding bonds of any municipality;

3.  Any law pursuant to which special assessments or rates or charges of any nature levied by any municipality which have not been paid in full, principal, interest, and any penalties; or

4.  The running of any statute of limitation in force at the time this act becomes effective.

All incomplete proceedings had and taken under any law hereby repealed or amended in the acquisition or improvement of any municipal project, the holding of any election, the creation of any special assessment or other district, the levy and collection of any taxes, special assessments, rates or charges of any sort, or the issuance of any bond or other security appertaining to a municipal project, any contract for the purchase of any such bonds or securities, which proceedings are in substantial compliance herewith, may, at the option of the municipal governing body, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions hereof.

§112101.  Incorporation of a municipality.

A.  Any community of people residing in compact form may become incorporated as a town in the manner provided in Sections 3101 through 3107 of this title.  If the resident population is one thousand (1,000) or more, a town or community of people residing in compact form may become incorporated as a city in the manner provided in Sections 4101 through 4107 of this title.

B.  Any community which has operated as an incorporated municipality for twentyfive (25) years or more but which does not have any evidence of its articles of incorporation shall be presumed to have incorporated as the statutory form of municipal government under which it has operated.  Such community may file with the Secretary of State any historical evidence of its incorporation. Notice of said filing shall be published one time.  If no action challenging the presumption of incorporation is brought within sixty (60) days after publication of the notice of filing, the presumption of incorporation shall be conclusive.

Amended by Laws 1984, c. 126, § 2, eff. Nov. 1, 1984.  

§112102.  Name of incorporated town or city.

An incorporated municipality may be known as the:

1.  "City of _________"; or

2.  "Town of _________";

but no municipality which changes its name or incorporates shall adopt the name of an existing municipality in this state.

Laws 1977, c. 256, § 2102, eff. July 1, 1978.  

§112103.  Municipality to be surveyed and platted.

Persons intending to apply for the incorporation of a town or city shall cause a survey and plat to be made of the territory intended to be embraced within its limits.  The survey shall be made by a registered land surveyor, and shall set forth the courses and distances of the boundaries, the quantity of land contained therein, and be platted into lots and blocks in accordance with Sections 41101 through 41111 of this title.  The survey and plat shall be verified by the affidavit of the surveyor.

Laws 1977, c. 256, § 2103, eff. July 1, 1978.  

§112104.  Restrictions on territory included in proposed municipality or plat.

A.  Except as otherwise provided by subsection B of this section, no territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000), and no territory within three (3) miles of the corporate limits of any municipality having a population less than two hundred thousand (200,000), according to the latest federal census, shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality.

B.  Territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) may incorporate as a new municipality if it can be proved to the board of county commissioners by documentation that the territory has historically been identified as a community of people residing in compact form.  Such territory shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality.  Upon application of any person or municipality affected, the district court in the county where such territory is located may afford appropriate relief for any violation of this section.  Urban areas annexed by a municipality which are completely nonadjacent to the corporate limits of the municipality are not considered as within the corporate limits of that municipality for the purposes of this section.

Added by Laws 1977, c. 256, § 2104, eff. July 1, 1978.  Amended by Laws 2004, c. 329, § 1, eff. Nov. 1, 2004.

§112105.  Division into wards  Number of wards.

Persons intending to apply for incorporation of a municipality shall divide the proposed municipality into the following number of wards, having due regard to the equitable apportionment of the population and the convenience and contiguity of the wards:

1.  A town shall be divided into three (3) or five (5) wards.

2.  A city to be operated under the statutory aldermanic form of government shall be divided into at least four (4) wards.  A city to be operated under the statutory councilmanager or statutory strongmayorcouncil form shall be divided into four (4) or six (6) wards.

Laws 1977, c. 256, § 2105, eff. July 1, 1978.  

§112106.  Incorporation procedure for municipality situated in two or more counties.

If a proposed town or city is situated in two or more counties, the petition for incorporation may be presented to the board of county commissioners of any county in which any part of the proposed municipality is situated.  The board shall act upon the petition in the same manner as if the proposed municipality were situated wholly within the county where the petition is presented.  The county clerk shall immediately certify the proceedings relating to the incorporation of the municipality to the board of commissioners of each other county in which any part of the municipality is situated, and each board which receives this certification shall enter the proceedings upon its records.

Laws 1977, c. 256, § 2106, eff. July 1, 1978.  

§112107.  Effect of incorporation  Filing  Judicial notice  Challenges.

The order declaring incorporation of a municipality, issued by the board of county commissioners as provided in Sections 3105, 4105 and 5104 of this title or issued by the town board of trustees as provided in Section 4103 of this title, shall be recorded in the office of the county clerk in the county in which the situs of the municipality is located and filed in the office of the Secretary of State and in the archives of the municipality.  The order shall be conclusive evidence of incorporation in all suits by or against the municipality and shall be judicially noticed in all court proceedings without specifically pleading or alleging incorporation.  Anyone wishing to challenge the formation, incorporation or organization of an incorporated municipality must bring action in the district court in the county in which the situs of the municipality is located within sixty (60) days after the date of the order declaring incorporation.

Laws 1977, c. 256, § 2107, eff. July 1, 1978.  

§113101.  Petition for incorporation of town  Notice  Contents.

A.  A petition for incorporation of a town shall be presented to the board of county commissioners of the county in which the proposed town is located, at the time indicated in the notice, as provided for in subsection C of this section, or as soon thereafter as the board can receive and consider it.  The petition shall be:

1.  In writing; and

2.  Signed by at least onethird (1/3) of the registered voters residing in the proposed town as shown by the preceding general election or by at least twentyfive (25) registered voters residing in the proposed town, whichever number is greater.

B.  Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the proposed town.  The petition shall include:

1.  The name of the proposed town;

2.  The survey and plat of the proposed town;

3.  The resident population, including names and addresses of persons residing in the area of the proposed town not more than sixty (60) days prior to presenting the petition to the board of county commissioners;

4.  The number and boundaries of the proposed town wards or, if no wards are proposed, the number of positions on the proposed board of trustees;

5.  The appropriate documentation to prove that territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) has historically been identified as a community of people residing in compact form, if applicable; and

6.  Affidavits verifying the facts contained in the petition.

C.  Not less than thirty (30) days before presenting the petition to the board of county commissioners, notice of the intent of the petitioners to apply for incorporation of a town shall be given by leaving the survey, plat, census, and description of wards, if any, in some convenient place in the proposed town for examination by those having an interest in the application.

Added by Laws 1977, c. 256, § 3-101, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 3, eff. Nov. 1, 1984; Laws 2004, c. 329, § 2, eff. Nov. 1, 2004.

§113102.  Hearing on petition  Order of commissioners calling for election on question.

Within thirty (30) days after the petition for incorporation has been presented, the board of county commissioners shall determine, either by affidavit or by oral testimony in a hearing on the petition, whether the requirements for incorporation have been fully complied with.  If the board is satisfied with the petitioners' compliance, it shall call for an election for the purpose of submitting to the registered voters of the proposed town the question of whether or not such territory shall become an incorporated town.  The order of the board calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.

Laws 1977, c. 256, § 3102, eff. July 1, 1978.  

§113103.  Notice of election.

At least ten (10) days' notice of the election shall be given by the board of county commissioners by publication in a newspaper of general circulation in the proposed town, and by posting a copy of the order in not less than ten (10) of the most public places in the proposed town.

Laws 1977, c. 256, § 3103, eff. July 1, 1978.  

§113104.  Conduct of election  Ballots.

The election shall be conducted in accordance with applicable election laws.  The registered voters of the proposed town shall vote on the question of incorporation by separate ballot, which shall be substantially in the following form:

For incorporation as the town of ___________

( ) Yes.

( ) No.

Laws 1977, c. 256, § 3104, eff. July 1, 1978.  

§113105.  Canvassing returns  Statement of result  Order of incorporation.

The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify the results of the election to the board of county commissioners.  If a majority of the votes cast are in favor of incorporation as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring that the town has been incorporated and naming the date for the election of town officers.  The territory shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated town.

Laws 1977, c. 256, § 3105, eff. July 1, 1978.  

§11-3-106.  Notice of election of town officers - Fees and expenses.

The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election of town officers.  If the town is eligible to come within the provisions of the Oklahoma Town Meeting Act and a majority of the petitioners desire to comply with the provisions of the Oklahoma Town Meeting Act, the petitioners shall call the election in accordance with the provisions of the Oklahoma Town Meeting Act.  Notice of any election of town officers shall be in the manner provided by law for municipal elections.  All expenses for any election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the town when fully organized.

Added by Laws 1977, c. 256, § 3-106, eff. July 1, 1978.  Amended by Laws 1998, c. 357, § 1, eff. Jan. 1, 1999.

§113107.  Officers to be elected.

The officers to be elected shall be those provided by law applicable to the town board of trustees form of government.  These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified.

§114101.  Petition for incorporation of city  Contents.

A petition for incorporation of a city shall be filed with the board of county commissioners of the county in which the proposed city is located.  The petition shall:

1.  Be in writing; and

2.  Be signed by at least thirtyfive percent (35%) of the registered voters residing in the proposed city, as shown by the preceding general election.

Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and the signers of the petition are registered voters of the proposed city.  The petition shall include:  1.  The name of the proposed city;

2.  The survey and plat of the proposed city;

3.  The resident population according to the latest federal census or other census recognized by the laws of Oklahoma, which population must be one thousand (1,000) inhabitants or more;

4.  The number and boundaries of the proposed city wards;

5.  A designation of the statutory form of city government that is proposed for the city when it becomes incorporated; and

6.  Affidavits verifying the facts alleged in the petition.

Laws 1977, c. 256, § 4101, eff. July 1, 1978.  

§114102.  Order calling for election on question  Notice.

Within thirty (30) days after filing the petition for incorporation of a city, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the proposed city the question of whether or not such town or community of people shall become an incorporated city.  The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.  The order shall be published in a newspaper of general circulation in the proposed city for a period of at least twenty (20) days prior to the election.

Laws 1977, c. 256, § 4102, eff. July 1, 1978.  

§114103.  Alternative procedure for incorporated towns.

As an alternative procedure to filing a petition with the board of county commissioners, the board of trustees of an incorporated town, by resolution, may direct the mayor to submit the question of whether or not the town shall become a city to the registered voters of the town at a special or general election.  The resolution shall:  1.  Divide the municipality into the required number of wards for purposes of the proposed city;

2.  Designate the statutory form of city government that is proposed for the city when it becomes incorporated; and

3.  Name the date for the election.

If a majority of the votes cast are in favor of incorporation as a city, as certified by the county election board, the town board shall adopt a resolution declaring that the city has been incorporated and naming the date for the election of city officers. The city shall, from the date of the board's resolution, be deemed a body corporate and an incorporated city.

Laws 1977, c. 256, § 4103, eff. July 1, 1978.  

§114104.  Conduct of election  Ballots.

The election on the question of incorporation shall be conducted in accordance with applicable election laws.  The registered voters of the proposed city shall vote on the question by separate ballot, which shall be substantially in the following form:  Shall the ________ (town, community, territory) of ________ become incorporated as the city of ________ and operated under the statutory ________ (name of proposed statutory form) form of city government as provided by the laws of Oklahoma?

( ) Yes.

( ) No.

Laws 1977, c. 256, § 4104, eff. July 1, 1978.  

§114105.  Canvassing returns  Certification of results  Order of incorporation.

The county election board shall canvass the returns of the election.  Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of county commissioners the results of the election.  If a majority of the votes cast are in favor of incororation as a city under the designated statutory form, the board of commissioners shall, within twenty (20) days after receiving the results of the vote, issue an order declaring that the city has been incorporated under the designated statutory form of city government and naming the date for the election of city officers.  The city shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated city.

Laws 1977, c. 256, § 4105, eff. July 1, 1978.  

§11-4-106.  Notice of election of city officers - Fees and expenses.

The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election.  Notice of the election of city officers shall be in the manner provided by law for municipal elections.  All expenses for the election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the city when fully organized.

Added by Laws 1977, c. 256, § 4-106, eff. July 1, 1978.  Amended by Laws 1998, c. 357, § 2, eff. Jan. 1, 1999.

§114107.  Officers to be elected.

The officers to be elected shall be those provided by the laws governing the statutory form of city government which has been adopted.  These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held in accordance with the form of government adopted, and until their successors are elected and qualified.

Laws 1977, c. 256, § 4107, eff. July 1, 1978.  

§115101.  City incorporating as a town  Procedure.

Any city may become an incorporated town.  A petition for a city to become an incorporated town shall be filed with the board of county commissioners of the county in which the city is located. The petition shall:

1.  Be in writing; and

2.  Be signed by at least thirtyfive percent (35%) of the registered voters of the city, as shown by the preceding general election.

The petition shall clearly express the desire of the petitioners to become incorporated as a town and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the city.  The petition shall include:

1.  The name of the city and of the proposed town;

2.  The survey and plat of the city;

3.  The resident population according to the latest federal census or other census recognized by the laws of Oklahoma;

4.  The description and name of the proposed town wards; and

5.  Affidavits verifying the facts alleged in the petition.

Laws 1977, c. 256, § 5101, eff. July 1, 1978.  

§115102.  Order calling for election on question  Notice.

Within thirty (30) days after filing the petition for a city incorporating as a town, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the city the question of whether or not such city shall become an incorporated town.  The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.  The order shall be published in a newspaper of general circulation in the city for a period of at least twenty (20) days prior to the election.

Laws 1977, c. 256, § 5102, eff. July 1, 1978. 0

§115103.  Election on city incorporating as town  Ballots.

The election shall be conducted in accordance with applicable election laws.  A separate ballot shall be prepared for submitting the question of whether or not the city shall become an incorporated town.  The ballot shall be in substantially the following form:

Shall the City of _________ become an incorporated town and be known as the Town of ________?

( ) Yes.

( ) No.

Laws 1977, c. 256, § 5103, eff. July 1, 1978.  

§115104.  Certification of results  Order of incorporation  Notice of election of town officers  Fees and expenses.

The county election board shall canvass the returns of the election.  Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of commissioners the results of the election.  If a majority of the votes cast in the election are in favor of the city incorporating as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring the town's incorporation and naming the date for the election of town officers.  Notice of the election of town officers shall be in the manner provided by law for municipal elections.  All expenses for the election on the question of incorporation and the election of officers shall be paid by the incorporated town.

Laws 1977, c. 256, § 5104, eff. July 1, 1978.

§115105.  Town officers to be elected.

The officers to be elected shall be those provided by law applicable to the town board of trustees form of government.  These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified.

Laws 1977, c. 256, § 5105, eff. July 1, 1978.  

§115106.  Indebtedness assumed by incorporated town.

All indebtedness of any nature, whether resulting from a bond issue or otherwise, shall be assumed by the incorporated town.

Laws 1977, c. 256, § 5106, eff. July 1, 1978.  

§116101.  Proposal for consolidation  Terms and conditions  Approval by governing bodies.

Any two or more municipalities lying adjacent to each other may consolidate and become one municipal corporation.  A proposal for consolidation shall be prepared by the governing body of a municipality when:

1.  A resolution of the governing body so directs; or

2.  A petition signed by at least twentyfive percent (25%) of the registered voters of the municipality, as shown by the preceding general election, is filed with the governing body.

The proposal shall then be submitted to the governing body of an adjacent municipality for its approval.  When the proposal is approved, the governing bodies of the municipalities to be consolidated, or their representatives, shall prepare the terms and conditions of the consolidation.  The terms and conditions of consolidation shall provide for the transition of officers and employees of each municipality which is to be consolidated.  If each governing body approves the terms of consolidation, it shall adopt a resolution declaring its approval and shall provide for an election on the question of consolidation.

Laws 1977, c. 256, § 6101, eff. July 1, 1978.  

§116102.  Ballots  Election on question.

The question submitted to the registered voters of each municipality shall be substantially in the following form:

Shall the municipalities of ______ and ______ (name of all municipalities to be consolidated) consolidate as the ______ (city or town) of ________ and be operated under the _____________ form of government?

( ) Yes.

( ) No.

If a majority of the votes cast in each municipality are in favor of consolidation, the governing body in each municipality shall declare, by ordinance, that the consolidation has been approved and shall proceed to consolidate under the terms of consolidation.  The consolidation and formation of the municipal corporation shall take effect on the date named in the terms and conditions.  Upon the effective date, the municipal corporation shall be governed by laws applicable to the form of government which has been adopted.

Laws 1977, c. 256, § 6102, eff. July 1, 1978.  

§116103.  Record of consolidation.

The order of each municipality declaring consolidation as a municipal corporation shall be recorded in the office of the county clerk in the county in which the situs of the consolidated municipal corporation is located and filed in the office of the Secretary of State and in the archives of the municipal corporation.

Laws 1977, c. 256, § 6103, eff. July 1, 1978.  

§116104.  Property and obligations after consolidation.

All real and personal property belonging to each municipality so consolidated, and all its notes, bonds, obligations, accounts, demands, evidences of debt, rights and franchises, books, records, maps and plats shall become the property of the consolidated municipal corporation.  Each municipality as it existed before consolidation shall remain liable for all its obligations and outstanding indebtedness which are due or become due on the day of the election on consolidation, and the property within such municipality shall be assessed to pay the obligations and indebtedness in the same manner as if a consolidation had not taken place.  In no event shall the consolidated municipal corporation be liable for obligations existing before consolidation unless expressly provided for by the terms and conditions of consolidation.

Laws 1977, c. 256, § 6104, eff. July 1, 1978.  

§117101.  Dissolution of municipality  Application  Notice of election on question.

An application for dissolution of a municipality shall be filed with the governing body of the municipality.  The application shall:  1.  Be in writing;

2.  Set forth the reasons for the request; and

3.  Be signed by not less than onethird of the registered voters residing in the municipality as shown by the preceding general election.

If the governing body of the municipality determines that the reasons for dissolution are good, it shall call for an election for the purpose of submitting to the registered voters of the municipality the question of whether or not the municipality should be dissolved.  Notice of the election shall be given by the governing body in the manner provided by law for municipal elections.

Laws 1977, c. 256, § 7101, eff. July 1, 1978.  

§117102.  Conduct of election  Results.

Registered voters of the municipality shall vote by ballot "yes" or "no" on the question of dissolution of the municipality. The election shall be conducted in accordance with applicable election laws.  If a majority of the votes are in favor of dissolution, and the votes have been cast by at least twofifths of the registered voters of the municipality (as shown by the preceding general election), a statement of the vote signed by the mayor, and attested by the clerk, shall be filed in the office of the county clerk in the county in which the situs of the municipality is located and in the office of the Secretary of State.  At the expiration of six (6) months from the date of the election on the question, the municipality shall cease to be a corporation.

Laws 1977, c. 256, § 7102, eff. July 1, 1978.  

§117103.  Disposition of property  Payment of debts and liabilities  Contract rights.

The property belonging to the dissolved municipality shall be used first to pay its debts and liabilities, and then disposed of in the manner as a majority of the registered voters of the municipality shall direct in a special election on the question of disposition of property.  No dissolution of an incorporated municipality shall impair the rights of any person in any contract or agreement to which the municipality is a party.

Laws 1977, c. 256, § 7103, eff. July 1, 1978.  

§117104.  Real property owned by municipality at time of dissolution.

If a municipality is the owner in fee simple of real property at the time it is dissolved, and this real property is thereafter brought within the boundaries of another existing incorporated municipality, the fee simple title of this real property will divest from the dissolved municipality and vest in the existing municipality.

Laws 1977, c. 256, § 7104, eff. July 1, 1978.  

§117105.  Involuntary dissolution  Grounds  Petition in district court.

The district attorney for the county in which the situs of the municipal government is located may petition for involuntary dissolution of a municipality when the government of a municipality ceases to function by reason of the following:

1.  General municipal elections have not been called in the municipality for two successive general municipal elections; or

2.  A majority of all the members of the governing body fail to qualify for two successive general municipal elections.

The petition requesting involuntary dissolution shall be filed in the district court in the county in which the situs of the municipality is located.  The petition shall state the facts which justify the request and shall set forth a detailed statement of the assets and liabilities of the municipality insofar as they can be ascertained.

Laws 1977, c. 256, § 7105, eff. July 1, 1978.  

§117106.  Involuntary dissolution  Notice of hearing.

Upon the filing of a petition for the involuntary dissolution of a municipality, the district court shall fix a date for a hearing on the request.  The date of the hearing shall be not less than thirty (30) days after the date of filing.  The district attorney for the county in which the situs of the municipal government is located shall give at least twenty (20) days' notice of the hearing by publication in a newspaper of general circulation in the municipality, and by posting copies of the notice in five (5) of the most public places in the municipality.  The notice shall state the purpose of the petition and the date and place of the hearing.

Laws 1977, c. 256, § 7106, eff. July 1, 1978.  

§117107.  Involuntary dissolution  Hearing and order.

Any person owning property in or registered to vote in the municipality may appear at the hearing and give testimony for or against dissolution of the municipality.  If the court finds that the government of the municipality has ceased to function because of the reasons listed in Section 7105 of this title, it shall enter an order for dissolution of the municipality.  The order of the court shall state when the dissolution shall take effect and appoint a receiver, if necessary, to wind up the affairs of the municipality and dispose of its property.  A record of dissolution shall be filed in the manner provided for voluntary dissolution.

Laws 1977, c. 256, § 7107, eff. July 1, 1978.  

§118101.  Qualifications for elected office.

A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards.  If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.

Laws 1977, c. 256, § 8101, eff. July 1, 1978.  

§118102.  Term of office.

Unless otherwise provided for by law, the term of office of an elected municipal official shall be four (4) years.  The term of office of an elected official shall begin at 12:00 noon on the second Monday following the general municipal election, and such official shall serve until his successor is elected and qualified. If a newly elected official does not qualify within thirty (30) days after his term of office begins, the office shall become vacant and shall be filled in the manner provided by law.  In order to complete the unexpired term, the office of an official who is holding over shall be filled at the next general election in compliance with the provisions of Sections 16101 through 16213 of this title.

Amended by Laws 1984, c. 126, § 4, eff. Nov. 1, 1984.  

§118103.  Oath of office.

Any officer, elected or appointed, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the Oklahoma Constitution.  The oath or affirmation shall be filed in the office of the municipal clerk.

Laws 1977, c. 256, § 8103, eff. July 1, 1978.  

§118104.  Who may administer oaths.

All officers authorized by state law, the mayor, the municipal clerk, the city manager, the municipal judge or judges and such other officers as the municipal governing body may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the municipality.

Laws 1977, c. 256, § 8104, eff. July 1, 1978.  

§118105.  Certain officers to give bond.

The municipal governing body shall require the municipal treasurer, any officer or employee designated by ordinance to sign municipal warrants or municipal checks, and any other officers and employees as the governing body may designate by ordinance, to give bond for the faithful performance of his duties within ten (10) days after his election or appointment, in such amount and form as the governing body shall prescribe.  The municipality shall pay the premiums on such bonds.

Laws 1977, c. 256, § 8105, eff. July 1, 1978; Laws 1992, c. 371, § 1, eff. July 1, 1992.

§118106.  Nepotism  Dual office holding.

No elected or appointed official or other authority of the municipal government shall appoint or elect any person related by affinity or consanguinity within the third degree to any governing body member or to himself or, in the case of a plural authority, to any one of its members to any office or position of profit in the municipal government.  The provisions of this section shall not prohibit an officer or employee already in the service of the municipality from continuing in such service or from promotion therein. A person may hold more than one office or position in a municipal government as the governing body may ordain.  A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office.

Amended by Laws 1984, c. 126, § 5, eff. Nov. 1, 1984.  

§118107.  Removal of officers.

A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.

Laws 1977, c. 256, § 8107, eff. July 1, 1978.  

§118108.  Absence from governing body meetings.

Whenever a member of the municipal governing body is absent from more than onehalf of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Laws 1977, c. 256, § 8108, eff. July 1, 1978.  

§118109.  Vacancies in office.

A.  When a vacancy occurs in an office of an elected municipal official except the mayor, the governing body shall appoint, by a majority vote of the remaining members, a person to fill the vacancy until the next general municipal election, or the next biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act, Section 16301 et seq. of this title, and to serve until a successor is elected and qualified.  Any vacancy shall then be filled at the next general municipal election or biennial town meeting by election of a person to complete the balance of any unexpired term. If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election or a special town meeting for the purpose of filling the vacancy for the duration of the unexpired term unless said vacancy occurs or said election would occur within one hundred twenty (120) days prior to the first day of the filing period for the next general municipal election or within one hundred twenty (120) days prior to the next biennial town meeting. If a vacancy is not filled by the special election or at a special town meeting, it shall be filled by appointment as provided for in this subsection.

B.  If a majority of the offices of a governing body become vacant more than sixty (60) days before the beginning of a regular filing period for general municipal elections or more than sixty (60) days before the biennial town meeting, the remaining members of the governing body shall call for a special election or a special town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, to be held as soon as possible in the municipality for the purpose of filling all vacant offices for the remainder of their unexpired terms if the election or town meeting can be held more than sixty (60) days before the beginning of the filing period for the general election or more than sixty (60) days before the next biennial town meeting.  The remaining members of the governing body may pay claims in accordance with Section 17102 of this title and, when necessary to avoid financial loss or injury to a person or property, may take any action otherwise authorized for the governing body except the enactment of an ordinance.

C.  If all the offices of the governing body become vacant, the municipal clerk or acting municipal clerk shall be the interim mayor until a member of the governing body is elected and qualified.  If there is no municipal clerk or acting municipal clerk in office, the municipal treasurer shall serve as interim mayor and acting municipal clerk.  If there is no municipal officer in office, the Governor may appoint a registered voter of the municipality as interim mayor and acting municipal clerk.  The appointed interim mayor shall give bond for the faithful performance of his duties within ten (10) days after his appointment.  The municipality shall pay the premium on the bond.

D.  The interim mayor shall exercise the authority of the governing body for only those purposes set out in this section.

1.  Within five (5) days of the occurrence of the last vacancy, the interim mayor shall call a special election or a special town meeting, if the municipality is subject to the provisions of the Oklahoma Town Meeting Act, for the purpose of filling the unexpired terms in accordance with subsection B of this section.  If all of the offices of the governing body become vacant sixty (60) days or less before the beginning of a regular filing period for general elections or sixty (60) days or less before the next biennial town meeting, the interim mayor shall call the regular general election or the biennial town meeting, whichever is appropriate.  If the interim mayor fails or refuses to call an election or town meeting, whichever is appropriate, the board of county commissioners of the county in which the municipality is located shall call the election or town meeting.  The county sheriff, or his deputy, shall attend any town meeting called by the board of county commissioners and, if the interim mayor fails to conduct the meeting, shall moderate the meeting.  The interim mayor or the sheriff or deputy who is moderating the meeting is authorized to appoint a registered voter of the municipality to take the minutes of the meeting.  If the vacancies are not filled by the election or town meeting called for the purpose, the Governor may appoint registered voters of the municipality to fill the vacancies without regard to wards for the balance of the unexpired term.

2.  The interim mayor may pay claims in accordance with subsection C of Section 17102 of this title.  The interim mayor shall submit a list of such payments to the governing body of the municipality no later than the second regular meeting after the vacancies are filled.

E.  To be eligible for appointment to fill a vacancy in an elected municipal office a person must meet the same qualifications required for filing a declaration for candidacy for that office.

Amended by Laws 1984, c. 126, § 6, eff. Nov. 1, 1984; Laws 1988, c. 105, § 16, eff. Nov. 1, 1988; Laws 1989, c. 255, § 1, emerg. eff. May 19, 1989.  

§11-8-110.  Candidacy of municipal officer for county or state office - Resignation.

Any member of a municipal governing body, the city or town clerk, and the city marshal shall be eligible to become a candidate for a county or state office without resigning from the office held by the officer.

Added by Laws 1977, c. 256, § 8-110, eff. July 1, 1978.  Amended by Laws 2004, c. 47, § 1.

§118111.  Abstinence in voting in certain meetings.

If a member of the governing body of a municipality abstains from voting, he shall be deemed to have cast a negative vote, which shall be recorded in the minutes.

Added by Laws 1984, c. 126, § 7, eff. Nov. 1, 1984.  

§118112.  Resignation of municipal officer.

A municipal officer may resign by submitting his written resignation to the governing body of the municipality, to the remaining members of the municipal governing body if some positions are vacant, to the interim mayor or, if all positions of the governing body will become vacant upon the resignation, to the board of county commissioners of the county in which the municipality is located.  Delivery of the written resignation to the governing body during a public meeting of such body or to the municipal clerk by mail or personal delivery during regular office hours shall constitute submission of the resignation to the municipal governing body.  Delivery of the written resignation to the board of county commissioners during a public meeting of the commissioners or to the county clerk by mail or hand delivery during regular office hours shall constitute submission of the resignation to the board of county commissioners.  A resignation submitted by a municipal officer may be withdrawn in writing at any time prior to the effective date stated in the resignation.  If no effective date is stated, the resignation shall be effective immediately.  Acceptance by the governing body shall not be required for the resignation to be effective.

Added by Laws 1984, c. 126, § 8, eff. Nov. 1, 1984. Amended by Laws 1988, c. 105, § 17, eff. Nov. 1, 1988.  

§11-8-113.  Certain officers and employees prohibited from conducting certain business with municipality - Exception for municipalities under 2,500 - Definitions - Violations - Employees of financial institutions.

A.  Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in:

1.  Selling, buying, or leasing property, real or personal, to or from the municipality;

2.  Contracting with the municipality; or

3.  Buying or bartering for or otherwise engaging in any manner in the acquisition of any bonds, warrants, or other evidence of indebtedness of the municipality.

B.  The provisions of this section shall not apply to any officer or employee of any municipality of this state with a population of not more than two thousand five hundred (2,500) according to the latest Federal Decennial Census, who has a proprietary interest in a business which is the only business of that type within ten (10) miles of the corporate limits of the municipality.  However, any activities permitted by this subsection shall not exceed Five Hundred Dollars ($500.00) for any single activity and shall not exceed Ten Thousand Dollars ($10,000.00) for all activities in any calendar year.

C.  For purposes of this section, "employee" means any person who is employed by a municipality more than ten (10) hours in a week for more than thirteen (13) consecutive weeks and who enters into, recommends or participates in the decision to enter into any transaction described in subsection A of this section.  Any person who receives wages, reimbursement for expenses, or emoluments of any kind from a municipality, any spouse of the person, or any business in which the person or spouse has a proprietary interest shall not buy or otherwise become interested in the transfer of any surplus property of a municipality or a public trust of which the municipality is beneficiary unless the surplus property is offered for sale to the public after notice of the sale is published.

D.  For purposes of this section, "proprietary interest" means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust.

E.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.  Any transaction entered into in violation of the provisions of this section is void.  Any member of a governing body who approves any transaction in violation of the provisions of this section shall be held personally liable for the amount of the transaction.

F.  Notwithstanding the provisions of this section, any officer, director or employee of a financial institution may serve on a board of a public body.  Provided, the member shall abstain from voting on any matter relating to a transaction between or involving the financial institution in which they are associated and the public body in which they serve.

Added by Laws 1984, c. 126, § 9, eff. Nov. 1, 1984.  Amended by Laws 1985, c. 5, § 1, emerg. eff. March 5, 1985; Laws 1995, c. 118, § 1, eff. Nov. 1, 1995; Laws 1996, c. 341, § 1, eff. Nov. 1, 1996; Laws 2004, c. 68, § 1, emerg. eff. April 7, 2004.

§11-8-114.  Institute - Statewide organization to conduct.

A.  Each person elected for the first time to a position of a municipality on or after January 1, 2005, shall be required within one year after taking the oath of office to attend an institute for municipal officials.  The Institute shall be conducted at all times, in cooperation with the Oklahoma Department of Career and Technology Education, by or under the supervision of a statewide organization that is exempt from taxation under federal law and designated pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a).  The statewide organization shall demonstrate to the Oklahoma Department of Career and Technology Education that it has represented municipalities, had statutory functions and conducted training programs for municipalities for at least fifteen (15) years prior to the effective date of this act.  It shall further demonstrate that its continuous official purpose is to promote the general welfare of cities and towns, to foster or conduct schools, short courses and other training sessions, to provide technical assistance and consultive services and other aids for the improvement and increased efficiency of city and town government, and to serve as the representative of cities and towns in carrying out the duties and prerogatives conferred on it by state law.

B.  The Institute shall consist of eight (8) hours of instruction.  A certificate of completion shall be awarded to those persons who attend and successfully complete the Institute and a list of those persons shall be filed with the Oklahoma Department of Career and Technology Education.

C.  The curriculum for the Institute shall include, but not be limited to:  municipal budget requirements, the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, ethics, procedures for conducting meetings, conflict of interest, and purchasing procedures.

D.  The Institute shall be held at a minimum of six regional locations in the state.  Every effort shall be made by the Institute to accommodate training through long-distance learning.

E.  A person elected to a municipal position who fails to satisfy the education requirements of this section shall cease to hold the position commencing at the next scheduled meeting of the governing body following the first year anniversary of the person's taking the oath of office.

F.  At the time of filing, the designated statewide organization shall provide the necessary information to the candidate of the option for attendance at the Institute as provided for in this section.  In the case of officials nominated and elected for municipal offices at town meetings, the presiding officer of the town meeting shall notify the candidate of the option.

Added by Laws 2005, c. 147, § 1, eff. Nov. 1, 2005.

§119101.  Statutory aldermanic form of government.

The form of government provided by Sections 9101 through 9118 of this title shall be known as the statutory aldermanic form of city government.  Cities governed under the statutory aldermanic form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to cities.  Such powers shall be exercised as provided by law applicable to cities under the aldermanic form, or if the manner is not thus prescribed, then in such manner as the governing body may prescribe.

Laws 1977, c. 256, § 9101, eff. July 1, 1978.  

§119102.  Governing body.

The governing body of a statutory aldermanic city shall consist of the mayor, who is elected at large, and one or two councilmembers from each ward of the city.  The governing body may submit to the voters the question of whether one or two councilmembers shall be elected from each ward.  If approved, the change shall become effective for the next regular municipal election which shall be conducted in accordance with the provisions of Section 16202 or 16204 of this title, whichever is applicable.

Amended by Laws 1984, c. 126, § 10, eff. Nov. 1, 1984.  

§119103.  Qualifications of governing body members.

The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards.  Removal of a councilmember from the ward for which he was elected shall cause a vacancy in the office of that councilmember.

Laws 1977, c. 256, § 9103, eff. July 1, 1978.  

§119104.  Mayor  Duties as president of council.

The mayor shall preside at meetings of the council, and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  The mayor is not considered a member of the council for quorum or voting purposes; except that he may vote on questions under consideration by the council only when the council is equally divided.

Laws 1977, c. 256, § 9104, eff. July 1, 1978.  

§119105.  Mayor Duties as chief executive officer.

The mayor shall be chief executive officer of the administrative branch of the government of the city.  The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law.  The mayor shall:

1.  appoint, subject to confirmation by the city council, a city attorney and all heads or directors of administrative departments including members of boards and commissions and shall appoint all other administrative officers and employees of the city; and

2.  sign the commissions and appointments of all officers, elected or appointed; and

3.  remove or suspend city officers or employees against whom charges of incompetency, neglect, or violation of duty are made, until such time as the council shall take action on the charges; and  4.  supervise and control all administrative departments, agencies, officers, and employees, act promptly on a charge of neglect or violation of duty of any officer or employee, and require any officer to account for and report to the council in writing on any subject pertaining to the duties, powers, or functions of the officer when the mayor deems necessary; and

5.  prepare a budget annually and submit it to the council. The mayor shall be responsible for the administration of the budget after it goes into effect; and

6.  keep the council advised of the financial condition and future needs of the city.  The mayor shall submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year; and

7.  make recommendations to the council of measures for the wellbeing of the city; and

8.  enforce the city ordinances; and

9.  grant pardons for violation of city ordinances, including the remission of fines and costs, subject to the approval of the council.  Said approval may only be given at a meeting of the council after the reasons and order of remission or pardon have been entered on the journal; and

10.  have such other powers, duties, and functions as may be prescribed by law or by ordinance.

Amended by Laws 1984, c. 126, § 11, eff. Nov. 1, 1984.  

§119106.  Mayor  Signing ordinances  Veto power.

The mayor may sign or veto any city ordinance or resolution passed by the city council.  Any ordinance or resolution vetoed by the mayor may be passed over his veto by a vote of twothirds (2/3) of all the members of the council.  If the mayor neglects or refuses to sign any ordinance or return it with his objections in writing at the next regular meeting of the council, the ordinance shall become law without his signature.

Laws 1977, c. 256, § 9106, eff. July 1, 1978.  

§119107.  Election of council president  Duties.

The council shall elect from among its members a president of the city council.  The council president shall be elected in each oddnumbered year at the first council meeting held after council terms begin, or as soon thereafter as practicable, and he shall serve until his successor has been elected and qualified.  The council president shall act as mayor during the absence, disability or suspension of the mayor.  He shall preside at all meetings of the council in the absence of the mayor and while presiding in the place of the mayor, he shall have all the powers, rights, privileges and duties as other members of the council.  In the absence of the mayor and the council president, the council shall elect from among its members an acting president of the city council to occupy the position temporarily.

Laws 1977, c. 256, § 9107, eff. July 1, 1978.  

§119108.  Powers vested in council  Designated powers.

Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council.  Without limitation of the foregoing, the council may:

1.  Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

2.  Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and

4.  Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.

Laws 1977, c. 256, § 9108, eff. July 1, 1978.  

§119109.  Council  Meetings.

The council shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.  The mayor or any three (3) councilmembers may call special meetings.  The call for special meetings must be in writing and specify the subjects to be considered.  No business other than that specified in the call shall be transacted at the special meeting.

Laws 1977, c. 256, § 9109, eff. July 1, 1978.  

§119110.  Council  Quorum  Rules and voting.

A majority of all the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from day to day.  The council shall determine its own rules, and may compel the attendance of absent members in the manner and under penalties as the council may prescribe.

Laws 1977, c. 256, § 9110, eff. July 1, 1978.  

§119111.  Vacancy in the office of mayor.

When a vacancy occurs in the office of the mayor less than ninety (90) days before the next regular municipal election, the president of the city council shall act as mayor until the next regular municipal election, at which time the registered voters of the city shall elect a person to fill any unexpired term, and until a mayor is elected and qualified for office.  If the vacancy in the mayor's office occurs more than ninety (90) days before the next regular municipal election, the acting mayor shall cause a special election to be held for the purpose of electing a mayor for the duration of the unexpired term.  The acting mayor shall be entitled to receive the same compensation as the mayor would be entitled to.

Laws 1977, c. 256, § 9111, eff. July 1, 1978.  

§119112.  City clerk  Creation and duties  Compensation.

The city clerk shall be an officer of the city.  The clerk shall serve as clerk for the council. The city clerk shall:

1.  keep the journal of the proceedings of the city council; and

2.  enroll all ordinances and resolutions passed by the council in a book or set of books kept for that purpose; and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the seal of the city; and

4.  attest and affix the seal of the city to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city clerk may be employed by the city to perform duties not related to his position as city clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 12, eff. Nov. 1, 1984.  

§119113.  City treasurer  Creation and duties  Compensation.

The city treasurer shall be an officer of the city.  Subject to such regulations as the council may prescribe, the city treasurer shall deposit daily funds received for the city in depositories as the council may designate.  The city treasurer shall have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance.  The person who serves as city treasurer may be employed by the city to perform duties not related to his position as city treasurer.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 13, eff. Nov. 1, 1984.  

§119114.  Marshal and street commissioner.

There shall be one marshal and one street commissioner, who shall be officers of the city.  The marshal may be the chief of police.  The marshal shall have such powers, duties, and functions as may be prescribed by law or by ordinance.  The street commissioner may be the head of the street department.  The street commissioner shall have such powers, duties, and functions as may be prescribed by law or by ordinance.

Amended by Laws 1984, c. 126, § 14, eff. Nov. 1, 1984.  

§119115.  Merger or consolidation of city offices.

The governing body may combine, merge, or consolidate by ordinance any of the various offices of city government as it deems necessary and convenient for the administration of the affairs or government of the city.  Any consolidation of elected city offices shall go into effect at the end of the term of office of those officers whose offices are consolidated or when a vacancy occurs in one of the offices to be consolidated.  An ordinance consolidating offices must be enacted at least thirty (30) days prior to the date of the next municipal primary election.

Amended by Laws 1984, c. 126, § 15, eff. Nov. 1, 1984.  

§11-9-116.  Compensation of elective officers.

The compensation of all elective city officers shall be fixed by ordinance.

Added by Laws 1977, c. 256, § 9-116, eff. July 1, 1978.  Amended by Laws 1996, c. 79, § 1, eff. Nov. 1, 1996.

§119117.  Appointments and removals.

Appointments and promotions in the service of a statutory aldermanic city shall be made solely on the basis of merit and fitness.  Removals, demotions, suspensions, and layoffs shall be made solely for the good of the service.  The council may suspend for cause, by a majority vote of all its members, any officer of the city except the mayor.  The council by ordinance may establish a system for appointment and removal of employees on the basis of merit.  After the council establishes a merit system, it shall adopt regulations governing the organization and functioning of the system, and for the regulation of personnel matters.  The ordinance establishing the merit system may not be repealed except upon the approval of a majority of the registered voters voting on the question at a special or general election in the city.

Amended by Laws 1984, c. 126, § 16, eff. Nov. 1, 1984.  

§119118.  City officials and employees  Suspension or removal  Successors.

An appointed officer or employee may be suspended, demoted, laid off or removed by the mayor.  Where appeal procedures have not been established by ordinance, the officer or employee may appeal the action to the city council.  The appeal shall be in writing and shall be filed with the clerk of the council within ten (10) days after the effective date of the layoff, suspension, demotion or removal.  The council may affirm, reverse or modify the mayor's decision.  The mayor may appoint a person to act during the temporary absence, disability or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed and qualified.

Laws 1977, c. 256, § 9118, eff. July 1, 1978.  

§1110101.  Statutory councilmanager form of government.

The form of government provided by Sections 10101 through 10121 of this title shall be known as the statutory councilmanager form of city government.  Cities governed under the statutory councilmanager form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to cities.  Such powers shall be exercised as provided by law applicable to cities under the statutory councilmanager form, or if the manner is not thus prescribed, then in such manner as the council may prescribe.

Laws 1977, c. 256, § 10101, eff. July 1, 1978.  

§1110102.  Governing body.

The governing body of a statutory councilmanager city shall consist of one (1) councilmember from each ward of the city and one (1) councilmember at large.

Laws 1977, c. 256, § 10102, eff. July 1, 1978.  

§1110103.  Qualifications of councilmembers.

The councilmembers shall be residents and registered voters of the city.  The councilmembers from wards shall be actual residents of their respective wards at the time of their candidacy and election; but removal of a councilmember from one ward to another within the city after his election, or a change in ward boundaries, shall not disqualify him from completing the term for which he was elected.

Laws 1977, c. 256, § 10103, eff. July 1, 1978.  

§1110104.  Election of mayor and vicemayor.

The council shall elect from among its members a mayor and a vicemayor.  The mayor and vicemayor shall be elected in each oddnumbered year at the first council meeting held after council terms begin, or as soon thereafter as practicable, and they shall serve until their respective successors have been elected and qualified.

Laws 1977, c. 256, § 10104, eff. July 1, 1978.  

§11-10-105.  Duties of mayor and vice-mayor.

The mayor shall preside at meetings of the council, and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  He shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law.  He shall have no regular administrative duties except that he shall sign all conveyances and other written obligations of the city as the council may require.  The vice-mayor shall act as mayor during the absence, disability or suspension of the mayor.

Laws 1977, c. 256, § 10-105, eff. July 1, 1978.

§1110106.  Powers vested in council  Designated powers.

All powers of a statutory councilmanager city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:

1.  Appoint and remove the city manager as provided by law;

2.  Enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

4.  Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries;

5.  Appoint or elect and remove its own subordinates, members of commissions and boards and other quasilegislative or quasijudicial officers as provided by law, or prescribe the method of appointing or electing and removing them;

6.  Create, change and abolish offices, departments and agencies other than those established by law, and assign additional functions and duties to offices, departments and agencies established by this article; and

7.  Grant pardons for violations of municipal ordinances, including the remission of fines and costs, upon the recommendation of the municipal judge.

Laws 1977, c. 256, § 10106, eff. July 1, 1978.  

§1110107.  Limitation of council authority to act through city manager.

Except for the purposes of inquiry, the council and its members shall deal with the administrative service of the city solely through the city manager.  The council and its members may not:

1.  Direct or request the city manager or other authority to appoint or remove officers or employees;

2.  Participate in any manner in the appointment or removal of officers and employees of the city, except as provided by law; or

3.  Give orders on ordinary administrative matters to any subordinate of the city manager either publicly or privately.

Laws 1977, c. 256, § 10107, eff. July 1, 1978.  

§1110108.  Council  Meetings.

The council shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.  The mayor or any three councilmembers may call special meetings.

Laws 1977, c. 256, § 10108, eff. July 1, 1978.  

§1110109.  Council  Quorum  Rules and voting.

A majority of all the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day.  The council shall determine its own rules.

Laws 1977, c. 256, § 10109, eff. July 1, 1978.  

§1110110.  Vacancy in the office of mayor or vicemayor.

When a vacancy occurs in the office of mayor, the vicemayor shall become the mayor for the duration of the unexpired term.  When a vacancy occurs in the office of vicemayor, the council shall elect another vicemayor from among its members for the duration of the unexpired term.

Laws 1977, c. 256, § 10110, eff. July 1, 1978.  

§11-10-111.  Compensation of elective officers.

The compensation of all elective city officers shall be fixed by ordinance.

Added by Laws 1977, c. 256, § 10-111, eff. July 1, 1978.  Amended by Laws 1996, c. 79, § 2, eff. Nov. 1, 1996.

§11-10-112.  City manager - Appointment by council.

The council shall appoint a city manager for an indefinite term by a vote of a majority of all its members.  It shall choose the city manager solely on the basis of executive and administrative qualifications with special reference to the actual experience in, or the knowledge of, accepted practice in respect to the duties of the office.  At the time of appointment, the city manager need not be a resident of the city or state; but during the tenure of holding office the city manager shall reside within the city.  City managers may appoint themselves, or the council or other authority may appoint or elect the city manager, to other offices and positions in the city government, subject to regulations prescribed by ordinance; but the city manager may not receive compensation for service in such other offices or positions.  Neither the mayor nor any members of the city council may be appointed city manager during the term for which they shall have been elected nor within two (2) years after they cease to hold such office.

Added by Laws 1977, c. 256, § 10-112, eff. July 1, 1978.  Amended by Laws 2005, c. 386, § 1, eff. Nov. 1, 2005.

§1110113.  City manager  Duties.

The city manager shall be the chief executive officer and head of the administrative branch of the city government.  He shall execute the laws and administer the government of the city, and shall be responsible therefor to the council.  He shall:

1.  Appoint, and when necessary for the good of the service, remove, demote, lay off or suspend all heads of administrative departments and other administrative officers and employees of the city except as otherwise provided by law.  The manager or the council by ordinance may authorize the head of a department, office or agency to appoint and remove the subordinates in such department, office or agency;

2.  Supervise and control all administrative departments, officers and agencies;

3.  Prepare a budget annually and submit it to the council and be responsible for the administration of the budget after it goes into effect; and recommend to the council any changes in the budget which he deems desirable;

4.  Submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

5.  Keep the council advised of the financial condition and future needs of the city, and make recommendations as he deems desirable; and

6.  Perform such other duties as may be prescribed by law or by ordinance.

Laws 1977, c. 256, § 10114, eff. July 1, 1978.  

§1110114.  Designation of acting city manager.

The city manager, by letter filed with the city clerk, may appoint a qualified administrative officer of the city to be acting city manager during the temporary absence or disability of the city manager.  The council may appoint an acting city manager whenever:

1.  The manager fails to make such designation;

2.  The council suspends the city manager; or

3.  There is a vacancy in the office of city manager.

Laws 1977, c. 256, § 10114, eff. July 1, 1978.  

§1110115.  Suspension or removal of city manager.

The council may suspend or remove the city manager or acting city manager at any time by a vote of a majority of all its members.

Laws 1977, c. 256, § 10115, eff. July 1, 1978.  

§1110116.  Purchases and sales by city manager  Competitive bidding  Transfer of manager's powers.

A.  The city manager shall contract for, purchase, or issue purchase authorizations for all supplies, materials, and equipment for offices, departments, and agencies of the city government, subject to any regulations which the council may prescribe.  Every contract or purchase exceeding an amount to be established by the council shall require the prior approval of the council.  The city manager may also sell or transfer to or between offices, departments, and agencies surplus or obsolete supplies, materials, and equipment, subject to regulations the council may prescribe.

B.  The council may prescribe requirements and procedures for competitive bidding.  Notice and opportunity for competitive bidding shall be given before a purchase or contract for supplies, materials, or equipment is made, and before a sale of any surplus or obsolete supplies, materials, or equipment is made, in accordance with regulations the council may prescribe.  The council shall not exempt a particular contract, purchase, or sale from the requirement of competitive bidding.

C.  The council may transfer some or all of the power granted to the city manager pursuant to the provisions of this section to an employee appointed by and subordinate to the city manager.

Amended by Laws 1984, c. 126, § 17, eff. Nov. 1, 1984.  

§1110117.  City clerk  Creation and duties  Compensation.

The city clerk shall be an officer of the city, appointed by the city manager for an indefinite term.  The city clerk shall serve as clerk for the council.  Subject to regulations the council may prescribe, the city clerk shall:

1.  keep the journal of the proceedings of the council; and

2.  enroll all ordinances and resolutions passed by the council in a book or set of books kept for that purpose; and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the seal of the city; and

4.  attest and affix the seal of the city to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city clerk may be employed by the city to perform duties not related to his position as city clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Laws 1977, c. 256, § 10-117, eff. July 1, 1978; Laws 1984, c. 126, § 18, eff. Nov. 1, 1984.

§1110118.  City treasurer  Creation and duties  Compensation.

The city treasurer shall be an officer of the city, appointed by the council for an indefinite term.  The council may provide by ordinance that the same person may hold both the office of city clerk and the office of city treasurer.  Subject to such regulations as the council may prescribe, the city treasurer shall deposit daily funds received for the city in depositories as the council may designate.  The city treasurer shall have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city treasurer may be employed by the city to perform duties not related to his position as city treasurer.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 19, eff. Nov. 1, 1984.  

§1110119.  Departments included in councilmanager government.

In a statutory councilmanager city, there shall be a police department, a fire department, a department of law headed by a city attorney, and other administrative departments, offices and agencies as the council may establish.

Laws 1977, c. 256, § 10119, eff. July 1, 1978.  

§1110120.  Appointments and removals.

Appointments and promotions in the service of a statutory councilmanager city shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions, and layoffs shall be made solely for the good of the service.  The council by ordinance may establish a merit system and provide for its organization and functioning, and provide for personnel administration and regulation of personnel matters.

Laws 1977, c. 256, § 10120, eff. July 1, 1978.  

§1110121.  City officials and employees  Suspension or removal  Successors.

An officer or employee may be suspended, demoted, laid off or removed by the city manager or other authority which has the power to appoint or elect the officer or employee.  The city manager or other authority which has the power to appoint or elect the successor of an officer or employee may appoint or elect a person to act during the temporary absence, disability or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed or elected and qualified.  The council may ordain that a particular superior or subordinate or deputy of such officer or employee shall act in such cases.

Laws 1977, c. 256, § 10121, eff. July 1, 1978.  

§1111101.  Strongmayorcouncil form of government.

The form of government provided by Sections 11101 through 11125 of this title shall be known as the statutory strongmayorcouncil form of city government. Cities governed under the statutory strongmayorcouncil form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to cities.  Such powers shall be exercised as provided by law applicable to cities under the statutory strongmayorcouncil form, or if the manner is not thus prescribed, then in such manner as the council may prescribe.

Laws 1977, c. 256, § 11101, eff. July 1, 1978.  

§1111102.  Governing body.

The governing body of a statutory strongmayorcouncil city shall consist of the mayor, who is elected at large, and one (1) councilmember from each ward of the city.  The mayor shall serve as ex officio councilmember at large.

Laws 1977, c. 256, § 11102, eff. July 1, 1978.

§1111103.  Qualifications of governing body members.

The governing body members shall be residents and registered voters of the city.  The councilmembers from wards shall be actual residents of their respective wards at the time of their candidacy and election; but removal of a councilmember from one ward to another within the city after his election, or a change in ward boundaries, shall not disqualify him from completing the term for which he was elected.

Laws 1977, c. 256, § 11103, eff. July 1, 1978.  

§1111104.  Election of vicemayor  Duties.

The council shall elect from among its members a vicemayor. The vicemayor shall be elected in each oddnumbered year at the first council meeting held after council terms begin, or as soon thereafter as practicable, and he shall serve until his successor has been elected and qualified.  The vicemayor shall act as mayor during the absence, disability or suspension of the mayor.  During the absence, disability or suspension of both the mayor and vicemayor, the council may elect an acting mayor from among its members to serve as mayor.

Laws 1977, c. 256, § 11104, eff. July 1, 1978.  

§1111105.  Mayor  Duties as president of council  Temporary council president.

A.  The mayor shall preside at meetings of the council and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  As councilmember at large, he shall have all the powers, rights, privileges, duties and responsibilities of a councilmember, including the right to vote on questions.

B.  The council may elect any councilmember to preside as temporary president of the council whenever it deems that the mayor has a personal interest in a matter under consideration, or it deems that the mayor is not properly performing his duties as presiding officer.  Such temporary president may certify to the correct enrollment of ordinances and resolutions passed while he is presiding.

Laws 1977, c. 256, § 11105, eff. July 1, 1978.  

§1111106.  Mayor  Duties as chief executive officer.

The mayor shall be chief executive officer and head of the administrative branch of the city government.  He shall execute the laws and ordinances, and administer the government of the city.  He shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law.  He shall:

1.  Appoint, and when necessary for the good of the service, remove, demote, lay off, or suspend all heads or directors of administrative departments and all other administrative officers and employees of the city in the manner provided by law.  The mayor or the council by ordinance may authorize the head of a department, office or agency to appoint and remove subordinates in such department, office or agency;

2.  Supervise and control, directly or indirectly, all administrative departments, agencies, officers and employees;

3.  Prepare a budget annually and submit it to the council and be responsible for the administration of the budget after it goes into effect; and recommend to the council any changes in the budget which he deems desirable;

4.  Submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

5.  Keep the council advised of the financial condition and future needs of the city, and make such recommendations as he deems desirable;

6.  Grant pardons for violations of city ordinances, including the remission of fines and costs, upon the recommendation of the municipal judge; and

7.  Have such other powers, duties and functions as may be prescribed by law or by ordinance.

Laws 1977, c. 256, § 11106, eff. July 1, 1978.  

§1111107.  Mayor  Additional offices or duties.

The mayor may appoint himself, or the council or other authority may elect or appoint him, to other offices and positions in the city government, subject to regulations as the council may prescribe; but he may not receive compensation for service in such other offices and positions.  The council may provide that the mayor shall hold ex officio designated administrative offices subordinate to the mayor as well as other designated compatible city offices.

Laws 1977, c. 256, § 11107, eff. July 1, 1978.  

§1111108.  Powers vested in council  Designated powers.

Except as otherwise provided in this article, all powers of a statutory strongmayorcouncil city, including the determination of all matters of policy, shall be vested in the council.  Without limitation of the foregoing, the council may:

1.  Enact municipal legislation suject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

2.  Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or to authorize and provide for such inquiries and investigations;

4.  Appoint or elect and remove its own subordinates, members of commissions and boards, and other quasilegislative, quasijudicial or advisory officers and authorities as provided by law, or prescribe the method of appointing or electing and removing them; and

5.  Create, change and abolish offices, departments and agencies other than those established by law, and assign additional functions and duties to offices, departments and agencies established by this article.

Laws 1977, c. 256, § 11108, eff. July 1, 1978.  

§1111109.  Council  Meetings.

The council shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.  The mayor or any three councilmembers may call special meetings.

Laws 1977, c. 256, § 11109, eff. July 1, 1978.  

§1111110.  Council  Quorum  Rules.

A majority of all the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day.  The council may determine its own rules.

Laws 1977, c. 256, § 11110, eff. July 1, 1978.  

§1111111.  Vacancy in the office of mayor or vicemayor.

When a vacancy occurs in the office of mayor, the vicemayor shall act as mayor until a mayor is elected by the council and qualified for office.  To fill the vacancy, the council shall elect a registered voter of the city, who may or may not already be a council member at the time, to be mayor until the next general municipal election, and to serve until a successor is elected and qualified.  Any vacancy shall then be filled at the next general municipal election by election of a person to complete the balance of any unexpired term.  If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election for the purpose of filling the vacancy for the duration of the unexpired term.  However, if less than one (1) year remains of the unexpired term, the council shall elect a registered voter of the city, who may or may not already be a council member at the time, to be mayor for the duration of the unexpired term.  When a vacancy occurs in the office of vicemayor, the council shall elect from among its members another vicemayor for the duration of the unexpired term.

Added by Laws 1977, c. 256, § 11-111, eff. July 1, 1978.  Amended by Laws 1993, c. 9, § 1, eff. Sept. 1, 1993.

§11-11-112.  Compensation of elective officers.

The compensation of all elective city officers shall be fixed by ordinance.

Added by Laws 1977, c. 256, § 11-112, eff. July 1, 1978.  Amended by Laws 1996, c. 79, § 3, eff. Nov. 1, 1996.

§1111113.  City clerk  Creation and duties  Compensation.

The city clerk shall be an officer of the city, appointed by the mayor for an indefinite term.  The city clerk shall serve as clerk for the council.  Subject to regulations the council may prescribe, the city clerk shall:

1.  keep the journal of the proceedings of the council; and

2.  enroll all ordinances and resolutions passed by the council in a book or books kept for that purpose; and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the seal of the city; and

4.  attest and affix the seal of the city to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city clerk may be employed by the city to perform duties not related to his position as city clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 20, eff. Nov. 1, 1984.  

§1111114.  Appointment of temporary clerk of council.

The council may appoint a temporary clerk of the council to serve during the absence from a meeting of the city clerk and acting city clerk, if any, or when it deems that the city clerk or acting city clerk is not properly performing his duties as clerical officer of the council.  The temporary clerk of the council shall keep the journal of its proceedings, certify documents of the council, and perform all other duties and functions as clerical officer of the council, under the direction of the council and its presiding officer.

Laws 1977, c. 256, § 11114, eff. July 1, 1978.  

§1111115.  City treasurer  Creation and duties  Compensation.

The city treasurer shall be an officer of the city, appointed by the mayor for an indefinite term.  The council may provide by ordinance that the same person may hold both the office of city clerk and the office of city treasurer.  Said council may also provide by ordinance that the city clerk shall be ex officio city treasurer and that an acting city clerk shall be ex officio acting city treasurer.  Subject to such regulations as the council may prescribe, the city treasurer shall deposit daily funds received for the city in depositories as the council may designate.  The city treasurer shall have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance.  The person who serves as city treasurer may be employed by the city to perform duties not related to his position as city treasurer.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 21, eff. Nov. 1, 1984.  

§1111116.  Purchases and sales by mayor  Competitive bidding  Transfer of mayor's powers.

A.  The mayor, subject to any regulations which the council may prescribe, shall contract for, purchase, or issue purchase authorizations for all supplies, materials and equipment for offices, departments and agencies of the city government.  Every contract or purchase exceeding an amount to be established by ordinance shall require the prior approval of the council.  The mayor may also sell or transfer to or between offices, departments and agencies, surplus or obsolete supplies, materials and equipment, subject to regulations as the council may prescribe.

B.  The council by ordinance may prescribe requirements and procedures for competitive bidding.  Notice and opportunity for competitive bidding, in accordance with regulations as the council may prescribe, shall then be given before a purchase or contract for supplies, materials or equipment is made.  The council shall not exempt a particular contract, purchase or sale from the requirement of competitive bidding.

C.  The council by ordinance may transfer some or all of the power granted to the mayor by this section to an officer appointed by and subordinate to the mayor.

Laws 1977, c. 256, § 11116, eff. July 1, 1978.  

§1111117.  Departments and agencies.

In a statutory strongmayorcouncil city, there shall be a police department, a fire department, a department of law headed by a city attorney, and such other administrative departments, offices and agencies as the council may establish.

Laws 1977, c. 256, § 11117, eff. July 1, 1978.  

§1111118.  Appointments and removals  Personnel department.

Appointments and promotions in the service of a statutory strongmayorcouncil city shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions and layoffs shall be made solely for the good of the service.  The council by ordinance may establish a merit system and provide for its organization and functioning, and provide for personnel administration and regulations of personnel matters.  If and when the council establishes a merit system, it shall create a personnel department, the head of which shall be a personnel director appointed by the mayor for an indefinite term.  The mayor may serve also as personnel director.

Laws 1977, c. 256, § 11118, eff. July 1, 1978.  

§1111119.  Personnel board  Membership and tenure.

In a statutory strongmayorcouncil city, there shall be a personnel board consisting of three members elected by the council for staggered sixyear terms.  The council shall elect the three original members so that the term of one member will expire in each succeeding evennumbered year.  The term of their successors shall be for six (6) years, beginning at 7:30 o'clock p.m. on the first Monday in May in every evennumbered year.  Members shall serve until their successors are elected and qualified, and they shall serve without compensation unless the council provides otherwise. The council, by a vote of a majority of its members, after adequate opportunity for a public hearing, may remove a member for the good of the service, and may fill vacancies for the unexpired term.

Laws 1977, c. 256, § 11119, eff. July 1, 1978.  

§1111120.  Personnel board  Officers and meetings.

At the time prescribed for the beginning of the term of a newly elected member or as soon thereafter as practicable, the members of the personnel board shall elect a chairman, a vicechairman and a secretary.  The secretary need not be a member of the board.  The board shall determine the time and place of its regular meetings, and the chairman or two members may call special meetings of the board.

Laws 1977, c. 256, § 11120, eff. July 1, 1978.  

§1111121.  Classified and unclassified service.

All officers and employees of a statutory strongmayorcouncil city shall be divided into the classified and the unclassified service.  The unclassified service shall consist of:

1.  The mayor and councilmembers, one secretary of the mayor, if any, the municipal judge, and one clerk or secretary of the municipal court, if any;

2.  All personnel appointed, elected or confirmed by the council;

3.  Members and secretaries of boards, commissions and other plural authorities; 4.  All personnel who serve without compensation; and

5.  Persons appointed or employed on a temporary basis to make or conduct a special audit, inquiry, investigation, study, examination or installation, or to perform a temporary professional or technical service, subject to exclusions, limitations and regulations as may be prescribed by ordinance or personnel rules.

All other officers and employees shall be in the classified service.

Laws 1977, c. 256, § 11121, eff. July 1, 1978.  

§1111122.  Political appointments or promotions prohibited  Review of alleged violations.

A.  Neither the mayor nor any other appointing authority may appoint or promote any person to any office or position in the classified service of the city for any political reason nor for any reason other than merit and fitness.

B.  A qualified elector of the city may bring an alleged violation of this section before the city personnel board for consideration and determination.  Alleged violations shall be made in the form of a sworn complaint charging that a designated person has been appointed or promoted to an office or position in the classified service in violation of this section.  The complaint shall be filed with the secretary or chairman of the personnel board not later than sixty (60) days after the effective date of such appointment or promotion, and shall be accompanied by a deposit of Twenty Dollars ($20.00) for payment of costs.  The personnel board shall provide adequate opportunity for a public hearing on the complaint.  If the board finds to its satisfaction that the appointment or promotion was made in violation of this section, it shall veto the appointment or promotion.  The appointment or promotion shall thereby be nullified and the money deposit shall be returned to the complainant.

Laws 1977, c. 256, § 11122, eff. July 1, 1978.  

§1111123.  Political activity prohibited for officers and employees in classified service  Removal for violations.

A.  No officer or employee in the classified service of a statutory strongmayorcouncil city may actively influence, or actively attempt to influence, or work actively for, the nomination, election or defeat of any candidate for mayor or councilmember; but this shall not prohibit the ordinary exercise of one's right as a citizen to express his opinions and to vote.  An officer or employee who violates this section shall be removed from office or position either by the authority normally having power to remove him, or, after adequate opportunity for a public hearing, by the personnel board.  An officer or employee who violates this section shall not hold any office or position in the city government for a period of four (4) years thereafter.

B.  A qualified elector of the city may bring an alleged violation of this section before the personnel board for consideration and determination.  Alleged violations shall be made in the form of a sworn complaint charging an officer or employee with such violation.  The complaint shall be filed with the secretary or chairman of the personnel board and shall be accompanied by a deposit of Twenty Dollars ($20.00) for payment of costs.  If the personnel board finds to its satisfaction that the officer or employee has violated this section prohibiting political activity, it shall remove him from office or position, and the money deposit shall be returned to the complainant.

Laws 1977, c. 256, § 11123, eff. July 1, 1978.  

§1111124.  City officials and employees  Suspension or removal  Successors.

An officer or employee may be suspended, demoted, laid off or removed in the manner provided by law by the mayor or other authority which has the power to appoint or elect the officer or employee.  The mayor or other authority which has the power to appoint or elect the successor of an officer or employee may appoint or elect a person to act during the temporary absence, disability or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed or elected and qualified. The council may ordain that a particular superior or subordinate or deputy of such officer or employee shall act in such cases.

Laws 1977, c. 256, § 11124, eff. July 1, 1978.  

§1111125.  Removal of employees in classified service  Procedure.

Whenever the mayor or other authority lays off, suspends without pay, demotes or removes an officer or employee in the classified service who has completed a probationary period of six (6) months, the following procedure shall apply:

1.  The mayor or other appointing authority shall deliver, or mail by certified mail, a written statement of the causes for the layoff, suspension, demotion or removal to the officer or employee not later than three (3) days after the effective date of the personnel action;

2.  The officer or employee may appeal the action to the personnel board.  The appeal must be in writing, and must be filed with the secretary or chairman of the personnel board within ten (10) days after the effective date of the layoff, suspension, demotion or removal;

3.  The personnel board shall hold a public hearing on the appeal, or give an adequate opportunity therefor, as soon as practicable after an appeal has been filed;

4.  The personnel board shall report in writing its findings and recommendations to the mayor, where the appellant is a subordinate of the mayor, or to the respective authority having power of removal; and

5.  The mayor or other authority having power of removal shall make the final decision in writing regarding the appellant's layoff, suspension, demotion or removal; but if the personnel board finds to its satisfaction that the layoff, suspension, demotion, or removal was made for a political reason or for any reason other than the good of the service, it shall veto the layoff, suspension, demotion or removal, and the action by the mayor or other authority shall be nullified thereby.

Laws 1977, c. 256, § 11125, eff. July 1, 1978.  

§1112101.  Statutory town board of trustees form of govern